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Why Bill Cosby was released.

 
 
Glennn
 
  1  
Reply Thu 1 Jul, 2021 04:34 pm
@maxdancona,
Quote:
Yes, And that is exactly why the Supreme Court judges had to conclude that Bill Cosby didn't receive a fair trial.

And therefore, no victims receive justice.
Frank Apisa
 
  2  
Reply Thu 1 Jul, 2021 04:45 pm
@Glennn,
Glennn wrote:

Quote:
Yes, And that is exactly why the Supreme Court judges had to conclude that Bill Cosby didn't receive a fair trial.

And therefore, no victims receive justice.

Could be.

As they say, courts are not about justice...courts are about the law.
maxdancona
 
  1  
Reply Thu 1 Jul, 2021 05:03 pm
@Glennn,
How do you think the system should work, Glennn?

The Fifth Amendment was written because without it the police could force you to confess to a crime without any evidence. I don't think that giving the police that power would be a good thing.

Police (without the fifth amendment): "you are going to sit here in this cell until you write down all the drugs you have ever done, and if you lie and we catch you, that will be a felony and your punishment will be much much worse."

I think the Fifth Amendment is a good thing.
goldberg
 
  0  
Reply Thu 1 Jul, 2021 07:31 pm
@oralloy,
I even imagine some black racists are over the moon since a black rapist seems to have special privileges. Kevin Spacey is seething with anger if not disguise since he's white.
0 Replies
 
Glennn
 
  1  
Reply Thu 1 Jul, 2021 10:35 pm
@maxdancona,
Quote:
The Fifth Amendment was written because without it the police could force you to confess to a crime without any evidence.

No one forced Bill to confess to sharing his prescription drugs with women for the purpose of having sex with them. That happens to be a felony in most states. I don't recall him being sentenced for that crime. Was he even charged? Wonder what became of that charge.
Quote:
"you are going to sit here in this cell until you write down all the drugs you have ever done . . ."

I had no idea that Bill was subjected to such harsh treatment. Who did that to him?
Glennn
 
  1  
Reply Thu 1 Jul, 2021 10:58 pm
@Frank Apisa,
Quote:
As they say, courts are not about justice...courts are about the law.

Indeed. And when the law doesn't serve justice, there must be something in place to protect the citizenry from overzealous prosecutors. For instance, a little old lady is reported by her neighbors for growing marijuana behind her house. She uses it to ease her arthritis. According to the law, she is guilty of a crime. However, the jury understands that her intent was not to break the law. And that's where a little thing called jury nullification comes in, and the jury decides that the law doesn't apply in the case before them.

During jury selection, I was rejected by the prosecutor every time because when he asked whether or not I would judge the defendant's actions according to the law, I answered that I would judge him according to what is just. He didn't push it.
0 Replies
 
maxdancona
 
  2  
Reply Fri 2 Jul, 2021 01:54 pm
@Glennn,
Quote:
No one forced Bill to confess to sharing his prescription drugs with women for the purpose of having sex with them


Yes, they did force him to confess that... he was questioned under oath unde penalty of purgery.
Frank Apisa
 
  2  
Reply Fri 2 Jul, 2021 02:00 pm
@maxdancona,
maxdancona wrote:

Quote:
No one forced Bill to confess to sharing his prescription drugs with women for the purpose of having sex with them


Yes, they did force him to confess that... he was questioned under oath unde penalty of purgery.


There was no force...and he really didn't "confess."

He gave testimony...testimony he was NOT required to give and testimony he was assured would never be used against him in a court of law.

The testimony WAS used...and played a part in his conviction.

The court, correctly in my opinion, called this an injustice to a fair trial.

No one is saying he is innocent...but he is not important enough to upset the rules of law in order to punish him.
maxdancona
 
  1  
Reply Fri 2 Jul, 2021 02:13 pm
@Frank Apisa,
My understanding is that he was required to give this testimony.

You know when they make you swear to tell the truth, the whole truth and nothing but the truth?

You can go to jail if you don't tell the truth under oath.
Frank Apisa
 
  2  
Reply Sat 3 Jul, 2021 03:08 am
@maxdancona,
maxdancona wrote:

My understanding is that he was required to give this testimony.

You know when they make you swear to tell the truth, the whole truth and nothing but the truth?

You can go to jail if you don't tell the truth under oath.


Yes, if he testified, he WAS required to tell the truth, the whole truth, and nothing but the truth. But my understanding was that he was NOT required to testify at all. It was a civil case...and he could have declined to testify. So...he was induced to testify by a decision of a prosecutor NOT to prosecute criminally on the issue at hand in the civil case. Cosby relied on that decision (which essentially was a promise that nothing he said during his VOLUNTARY testimony in the civil case would ever be used in a future criminal prosecution) to make the decision to testify.

A subsequent prosecutor, in effect, threw out that promise and did use the testimony in a trial.

The person making that promise was an idiot...but the promises was made...and the Supreme Court of Pennsylvania ruled that the civil trial testimony should never have been introduced in the criminal trial.
0 Replies
 
 

 
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